This is an index of legal resources related to Privacy (especially regards the workplace) as at 6 September 2008.
Electronic Communications – email, entrapment, internet, SMS, tapping
Note: See “Code of Practice on the Protection of Workers’ Personal Data” [ILO, Geneva, Meeting of Experts on Workers' Privacy, Geneva 1-7 October 1996] published in (1997) 18 ILJ 26-55.
Grogan [EL (2004) 20/2 p9] discusses RICA, [Regulation of Interception of Communications & Provision of Communications-related Information Act 70 of 2002] which came into effect on 30 September 2005, and some related issues.
See also ECTA (Electronic Communications & Transactions Act 25 of 2002).
Warren Beech ‘The Right of an Employer to Monitor Employees’ Electronic Usage and other Recordings’ (2005) 26 ILJ pp 650-660 discusses pre-RICA, being the Interception and Monitoring Prohibition Act 127 of 1992, repealed with effect from 30 June 2008
Constitutional Court
Magajane v Chairperson, NW Gambling Board (GF 6241) [Van der Westhuizen J, 8.06.06]
2006 (10) BCLR 1133 & [2006] JOL 17821(CC)
[Appeal allowed after leave granted - inspection an invasion of privacy - NW Gambling Act 2/2001 s65 invalid as it violated constitutional right to privacy]
Omar v Government of RSA (GF 5811) [Van der Westhuizen J, 7.11.05]
2006 (2) BCLR 253 & [2005] JOL 15972 (CC)
[Appeal disallowed - protection orders - validity - Domestic Violence Act 116/1998]
Supreme Court of Appeal
Transnet Ltd v SA Metal Machinery Co (Pty) Ltd (GF 5827) [Howie P, 29.11.2005]
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Tags: POPI, Privacy and POPI, privacy framework, privacy index, privacy policy, protection of personal information
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